In re Estate of Cruz

Opinion

2 CLE,;i( o;: COURT 3

4 IN THE SUPERIOR COURT OF dD'~-M----'tf'<'-- 5

6 IN THE MATTER OF THE ESTATE PROBATE CASE NO. PR0l 10-23

7 OF DECISION AND ORDER 8 Re: Petition for Determination and Confirmation BENNY QUINTANILLA CRUZ, of Community Property Passing to Surviving 9 Spouse Deceased. 10

11 This matter came before the Honorable Arthur R. Barcinas on September 5, 2023, on a 12 Petition for Determination and Confinnation of Community Property Passing to Surviving 13 Spouse, filed by Petitioner Rose Mary Patao Cruz ("Petitioner") on June 23, 2023. Present at the 14 hearing was Petitioner's counsel Attorney Catherine B. Camacho. Upon hearing Petitioner's 15 arguments, the Court took the matter under advisement. 16 BACKGROUND 17 Decedent Benny Quintanilla Cruz ("Decedent") died intestate in Tamuning, Guam on 18 July 3, 2022. Decedent and Petitioner were married in Agat, Guam on August 6, 1977, and had 19 no children at the time of Decedent's death. After the marriage, Decedent purchased the 20 following property, Lot No. 12-1, Tract No. 2541, Santa Rita, Guam (the "Property") on April 21 11, 1984. The Property is registered only in Decedent's name, but Petitioner maintains that she 22

23 also contributed to the purchase.

24 In the Matter of the Estate of Benny Quintanilla Cruz PRO 110-23; Decision and Order Re: Petition for Determination and Confirmation of Community Property Passing to Surviving Spouse

2 Petitioner further maintains that the Property is community property because it was

3 acquired during the marriage and because both parties were jointly obligated to pay the debts on 4 the property during the marriage. No legal proceedings were ever instituted to terminate the 5 marriage or detennine the rights of the parties with respect to the Property. 6 On June 23, 2023, Petitioner filed the instant Petition, requesting that the property be 7

8 confirmed as passing to Petitioner without further administration, pursuant to 15 GCA § 1005.

9 DISCUSSION 10 Pursuant to 15 GCA § 1005(a), "when a married person dies intestate, or dies testate and II by valid will leaves all of his interest in the community property to the surviving spouse, such 12

13 interest passes to the surviving spouse subject to the provisions of Sections 1007 and 1009 of

14 [GCA Title 15], and no administration thereon shall be necessary." 15 GCA § 1007 states that, 15 after ninety (90) calendar days from the death of a married person, the surviving spouse shall 16 have full power to sell, lease, mortgage, or otherwise deal with and dispose of community real 17 property, unless a notice is recorded in the Guam Department of Land Management ("DLM")

19 that an interest in the property is claimed by another under the will of the deceased spouse. 15

20 GCA § 1009 states that, upon the death of a married person, the surviving spouse is personally 21 liable for the debts of the deceased spouse chargeable against the community property, unless 22 the surviving spouse elects for administration of the surviving spouse's interest in the 23 community property. Id. §§1009(a); 1005(b). 24

25 Community property means property acquired by either spouse during marriage which is

26 not separate property. 19 GCA § 610l(b). Property acquired during marriage by either husband 27 or wife, or both, is presumed to be community property. 19 GCA § 6105(a). A presumption of 28

Page 2 of3 In the Matter of the Estate of Benny Quintanilla Cruz PR0l 10-23; Decision and Order Re: Petition for Determination and Confirmation ofConununity Property Passing to Surviving Spouse

2 separate property during marriage is properly applicable only to "property or any interest therein

3 acquired during marriage by a woman by an instrument in writing, in her name alone, or in her 4 name and the name of another person not her husband, ... if the instrument in writing was 5 delivered and accepted prior to July 1, 1980." Id. § 6 I 05(b ). 6 Despite Petitioner's name not being on the Property deed, pursuant to I 9 GCA § 7

8 6105(a), the Court must presume the Property to be community property regardless of whether

9 it was purchased by both spouses, or by Decedent alone.

There being no facts on the record to indicate otherwise, the Court finds that Decedent's 11 interest in the Property may pass to Petitioner without further administration pursuant to 15 12

13 GCA § 1005, subject to the above provisions of 15 GCA §§ 1007 and 1009.

14 CONCLUSION 15 Based on the foregoing, he Court hereby GRANTS the above-captioned Petition, and 16 ORDERS that Decedent's interest in the Property pass to Petitioner without further 17 administration. 18

19 NO_V_0_3_20_23_ _ _ _, IT IS SO ORDERED _ _ 20

22 e ~

23 HONORABLE , I ARTHUR R. BARCINAS Judge, Superior Court of Guam .' '· I 24

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